CEO v. CITY OF BROOKLYN PARK MINNESOTA (2018)

[Unpublished]

Rodney DeWalt appeals the district court’s ¹ entry of summary judgment against him and DeWalt CEO, Inc., on claims brought pursuant to 42 U.S.C. §§ 1981 and 1983. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

DeWalt challenged the City of Brooklyn Park’s denial of permits to open a restaurant. Following a de novo review of the record and the parties’ arguments on appeal, this court agrees with the district court’s disposition of DeWalt’s claims. See Burger v. Allied Prop. & Cas. Ins. Co., 822 F.3d 445, 447 (8th Cir. 2016) (summary judgment decisions are reviewed de novo); cf. Lewis v. Jacks, 486 F.3d 1025, 1028 (8th Cir. 2007) (affirming grant of summary judgment on equal protection claim due to lack of evidence of discrimination); Harris v. Hays, 452 F.3d 714, 718-19 (8th Cir. 2006) (affirming grant of summary judgment on § 1981 claim due to lack of evidence of intent to discriminate); Koscielski v. City of Minneapolis, 435 F.3d 898, 903 (8th Cir. 2006) (affirming grant of summary judgment on substantive due process claim due to lack of evidence of irrational action); Goodpaster v. City of Indianapolis, 736 F.3d 1060, 1073 (7th Cir. 2013) (affirming denial of First Amendment claim because plaintiff did not establish protected First Amendment activity).²

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

2.   This court declines to consider claims that DeWalt raised below, but did not argue in his opening brief on appeal, see Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004), and arguments that he did not present to the district court in opposing summary judgment, see Cole v. Int’l Union, United Auto., Aerospace & Agric. Implement Workers of Am., 533 F.3d 932, 936 (8th Cir. 2008).

PER CURIAM.